Ariz. Admin. Code § R18-8-264 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

A. All of 40 CFR 264 and accompanying appendices, revised as of July 1, 2020 (and no future editions), with the exception of §§ 264. 1(d) and (f), 264. 149, 264. 150, and 264. 301(l), is incorporated by reference, modified by the following subsections, and on file with the DEQ. Copies of 40 CFR 264 are available at https://www.eCFR.gov.

B. § 264. 1, titled "Purpose, scope and applicability," paragraph (g)(1) is amended as follows:

(1) The owner or operator of a facility [with operational approval from the Director] to man- age [public, private,] municipal or industrial solid waste [pursuant to R18-13-312, A. R. S. §§ 49-104 and 49-762 ], if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under [R18-8-264 ] pursuant to § 262. 14;

C. § 264. 1, titled "Purpose, scope, and applicability," paragraph (g)(8)(i)(D) is amended as follows:

(D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in 40 CFR 260 . 10. [The DEQ Emergency Response Unit shall be notified as soon as possible, using the 24-hour number (602) 771-2330 or (800) 234-5677.]

D. § 264. 11, titled "Identification number," is replaced by the following:

1. A facility owner or operator shall not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the DEQ.

2. A facility owner or operator who has not received an EPA identification number may obtain one by applying to the DEQ using EPA form 8700-12. The completed form shall be submitted to DEQ through the myDEQ online portal. Upon receiving the request, the DEQ will assign an EPA identification number to the facility owner or operator.

E. § 264. 18, titled "Location standards," paragraph (c) is amended by deleting the following:

(c) "except for the Department of Energy Waste Isolation Pilot Project in New Mexico. "

F. § 264. 56, titled "Emergency procedures," paragraph (d)(2) is amended as follows:

(2) [The emergency coordinator, or designee, shall] immediately notify [the DEQ at (602) 771-2330 or (800) 234-5677, extension 771-2330, and notify] either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number (800) 424-8802). The report [shall include the following]:

(i) Name and telephone number of reporter;

(ii) Name and address of facility;

(iii) Time and type of incident (for example, release, fire);

(iv) Name and quantity of material(s) involved, to the extent known;

(v) The extent of injuries, if any; and

(vi) The possible hazards to human health, or the environment, outside the facility.

G. § 264. 93, titled "Hazardous constituents," paragraph (c) is amended as follows: (c) In making any determination under about the use of ground water in the area around the facility, the [Director shall] consider any identification of underground sources of drinking water and exempted aquifers made under [40 CFR] § 144. 7, [and any identification of uses of ground water made pursuant to 18 A.A. C. 9 or 11].

H. § 264. 94, titled "Concentration limits," paragraph (c) is amended as follows:

(c) In making any determination under [§ 264. 94(b)] about the use of ground water in the area around the facility, the [Director shall] consider any identification of underground sources of drinking water and exempted aquifers made under [40 CFR] 144. 7, [and any identification of uses of ground water made pursuant to 18 A.A. C. 9 or 11].

I. § 264. 143, titled "Financial assurance for closure," paragraph (h), and 264. 145, titled "Financial assurance for post-closure care," paragraph (h), are amended by replacing the third sentence in each citation with the following: "Evidence of financial assurance must be submitted to and maintained with the Director for those facilities located in Arizona. "

J. § 264. 147, titled "Liability requirements," paragraphs (a)(1)(i) and (b)(1)(i) are amended by deleting the following from the fourth sentence in each citation: ", or Regional Administrators if the facilities are located in more than one Region. "

K. § 264. 151, titled "Wording of the instruments," is adopted except any reference to "{of/for} the Regions in which the facilities are located" is deleted and "an agency of the United States Government" is deleted from the second paragraph of the Trust Agreements.

L. § 264. 301, titled "Design and operating requirements," is amended by adding the following:

[The DEQ may require that hazardous waste disposed in a landfill operation be treated prior to landfilling to reduce the water content, water solubility, and toxicity of the waste. The decision by the DEQ shall be based upon the following criteria:

1. Whether the action is necessary to protect public health;

2. Whether the action is necessary to protect the groundwater, particularly where the groundwater is a source, or potential source, of a drinking water supply;

3. The type of hazardous waste involved and whether the waste may be made less hazardous through treatment;

4. The degree of water content, water solubility, and toxicity of the waste;

5. The existence or likelihood of other wastes in the landfill and the compatibility or incompatibility of the wastes with the wastes being considered for treatment;

6. Consistency with other laws, rules and regulations, but not necessarily limited to laws, rules, and regulations relating to landfills and solid wastes.]

M. § 264. 1030, titled "Applicability", paragraph (b)(3) is amended as follows:

(3) A unit that is exempt from permitting under the provisions of [ 40 CFR 262 . 17(a) ] (i. e., a "90-day" tank or container) and is not a recycling unit under the provisions of 40 CFR 261 . 6.

N. § 264. 1050, titled "Applicability", paragraph (b)(2) is amended as follows:

(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of [ 40 CFR 262. 17(a)] (i. e., a hazardous waste recycling unit that is not a "90-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270, or

Notes

Ariz. Admin. Code § R18-8-264

Adopted effective July 24, 1984 (Supp. 84-4). Amended subsection (A) effective June 27, 1985 (Supp. 85-3). Amended subsection (A) effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1864 renumbered as Section R18-8-264, and subsection (A) amended effective May 29, 1987 (Supp. 87-2). Amended subsection (B) effective December 1, 1988 (Supp. 88-4). Amended effective October 11, 1989 (Supp. 89-4). Amended effective August 14, 1991 (Supp. 91-3). Amended effective October 6, 1992 (Supp. 92-4). Amended effective December 2, 1994 (Supp. 94-4). Amended effective December 7, 1995 (Supp. 95-4). Amended effective June 13, 1996 (Supp. 96-2). Amended effective August 8, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4625, effective November 15, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 3093, effective July 24, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 816, effective April 15, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4364, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 11 A.A.R. 5523, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 3061, effective October 1, 2006 (Supp. 06-3). Amended by final rulemaking at 14 A.A.R. 409, effective March 8, 2008 (Supp. 08-1). Amended by final rulemaking at 31 A.A.R. 1246, effective 9/5/2015. Amended by final rulemaking at 25 A.A.R. 435, effective 2/5/2019. Amended by final rulemaking at 26 A. A. R. 2949, effective 11/3/2020.